In a landmark case, the Federal Court for the first time has accepted a public interest defence and dismissed a defamation action that was brought by a high-profile orthopaedic surgeon.
The public interest defence was introduced in 2021 but has failed in previous defamation actions.
Dr Munjed Al Muderis sued Nine journalists Charlotte Grieve, Tom Steinfort, Natalie Clancy and their employers over investigative stories that revealed that he had misled patients about the risks and complications of osseointegration surgery, was negligent in post-surgical care, operated illegally overseas, engaged in unethical practice and prioritised fame, reputation and numbers over his patients.
The doctor sued.
Nine’s lawyers used the defences of public interest, contextual truth and honest opinion, which was not required.
Journalist Charlotte Grieve endured six days of cross examination by one of the country’s most aggressive barristers during the case.
I interviewed Charlotte Grieve and MinterEllison media lawyer Dean Levitan about her stories and the legal significance of the landmark case. The interviews are on this link: https://democracyswatchdogs.org
And a reminder that Democracy’s Watchdogs’ award for student investigative journalism is open to entries. Details can be found here.
– Bill Birnbauer
